In the South Gauteng High Court Johannesburg – Law Assignment Help

Assignment Task

INTRODUCTION
[1] The plaintiff has instituted action against the defendant for damages for defamation in the amount of R15 million.
(1) REPORTABLE: YES / NO
(2) OF INTEREST TO OTHER JUDGES: YES/NO
(3) REVISED.

 DATE SIGNATURE
[2] The alleged defamatory statements were made by the defendant in an answering affidavit in opposition to a business rescue application brought by the plaintiff in terms of the provisions of sec 131 of the Companies Act 71 of 2008.

[3] The plaintiff, a businessman, and in person, brought the business rescue application against a company called Miranda Mineral Holdings Limited (“Miranda”). The defendant, as a non-executive director, was duly authorised by the board of directors of Miranda to depose to the answering affidavit in question, on behalf of Miranda. More about the business rescue application proceedings and the contents of the impugned affidavit later.

THE FACTUAL BACKGROUND
[4] Some factual background is necessary. From the papers as well as the oral evidence led, what is stated next is not in dispute or seriously challenged. Miranda is listed in the General Mining Sector of the Johannesburg Stock Exchange Limited (“JSE”). Miranda is essentially concerned with the identification, exploration and development of selected mineral resources, with a major focus on coal. In addition to its interests in the coalfields of KwaZulu-Natal, Miranda has interests in gold, diamonds, base and industrial minerals.

[5] In what becomes of significant importance later, in July 1999, Miranda acquired from Gold Fields Mining and Development (Pty) Ltd (“Gold Fields”), the rights to minerals, excluding the rights to gold, silver and precious stones, in Remainder of the Farm Rozynenbosch No 104, Division of Kenhardt, Northern Cape Province (“Rozynenbosch”). Rozynenbosch measured 3979,8494 hectares. The purchase price was R40 000,00 (Forty Thousand Rand).